TERMS & CONDITIONS

SECTION 1 - This Site

The brand Lepsiful is a trademark of Lepsiful, Petra Volk Božič s.p. Its online sales are operated via a Shopify-channel available at the domain lepsiful.com (hereinafter referred to as “site”). This document governs your relationship with Lepsiful. Throughout the site, the terms “I”, “me”, “my”, “we”, “us” and “our” refer to Lepsiful. As used on the site, the terms “you” and “your” means any person who views, accesses, uses, or obtains information. We offer this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Access to and use of this site and the products and services available through this site (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”).

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.You can review the most current version of the Terms and Conditions at any time on this page.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 2 - Acceptance of The Terms and Conditions

This Terms and Conditions state the terms and conditions under which you may access and use the site. Please read the following information about Terms and Conditions carefully before accessing or using the site. If you do not agree to all the Terms and Conditions or modified Terms and Conditions, then you may not access the site or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

By visiting our site and/ or purchasing something from us or otherwise using any part of the site, you engage in our “Service” and agree to comply with and be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

SECTION 3 - Online Store Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 4 - Prohibited Uses

You will access and use this site solely for your personal purposes. You will not post, publish, reproduce, transmit, distribute or otherwise view, use or exploit the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, state or local regulations, rules, laws, or order; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others - you acknowledge and agree that the site and its content includes subject matter that is owned by us or other third parties and is protected under copyright, trademark and other intellectual property laws. Unauthorized use of the site or the content may violate such intellectual property laws or other laws relating to privacy and publicity. The violation of such laws may give rise to civil and/or criminal penalties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit or distribute or otherwise make available in any manner through the site any computer viruses, keyloggers, spyware, worms, trojan, time bombs or any other type of malicious code or harmful programming (collectively, “viruses”) that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet - we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this site or to your downloading of any material posted on it, or on any site linked to it. If you download software or any other content from the site, you do so at your own risk; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, (l) to interrupt or attempt to interrupt the operation of this site in any way.

You agree that your use of the site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the site. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

SECTION 5 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 6 - Accuracy, Completeness and Timeliness of Information
 
We try to ensure that the information on this site is accurate and complete. We do not warrant and are not responsible if information made available on this site is not accurate, complete, current, reliable or error-free or that your use of our Content will not infringe rights of third parties. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
You agree that it is your responsibility to monitor changes to our site and any reliance on this site regarding material is at your own risk.

SECTION 7 - Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following Terms and Conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force major for which we will not be responsible.

SECTION 8 - Accuracy of Billing and Account Information

You agree to provide true, current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, shipping information and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Should you update your shipping information after the order has been shipped, we will not be able to resend it to your new address without additional payment for reshipping.

SECTION 9 - Validation and Acceptance of Your Order

We reserve the right not to accept any order you place with us without giving any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party in the event of: withdrawal of goods from the site regardless of whether the goods have been sold, removing or editing any content on the site, as well as refusing to process a transaction or else suspending any transaction after processing has begun. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

SECTION 10 - Modification to The Service and Prices

We constantly checks to ensure that all prices shown on the site are accurate. We cannot however guarantee that no errors have occurred. Should an error in the price of an item occur we will give the client the option of re-confirming the purchase of the item at the correct price or of order cancellation. If we are unable to contact the client, the order will be considered to be cancelled.
Prices and availability for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 11 - Products or Services

Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 12 - Price of Products or Services

The prices of Lepsiful products and shipping services are given in EUR. All orders delivered outside of the European Union may be subject to eventual taxes and customs duties, which you (the purchaser) are responsible for paying. Shipping costs are your responsibility and are added on top of your purchase amount. Shipping costs can vary depending on the shipping address you have selected.

SECTION 13 - Product Display / Colors

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that the color you see on your computer monitor's display match the received product color in part depending on the monitor you are using.

SECTION 14 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
 
SECTION 15 - Linking and Framing to this Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This site and its elements must not be framed on any other site without our prior written permission. We reserve the right to withdraw linking permission without notice.

SECTION 16 - Third-party Links

Certain content, products and services available via our Service may include materials from third-parties, which are not operated by (“lepsiful.com”). This site may periodically provide third-party links that may direct you to third-party websites that are not affiliated with us, including other stockists and advertisers. The third party sites may have different privacy policies and security standards than our site. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any advertising, other materials, products, or services of third-parties. We are not liable for any harm, damages, loss or offence related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. If you decide to access linked third party sites, you do it at your own risk. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 17 - User Comments, Feedback and other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, use, edit, copy, transmit, publish, reproduce, distribute, publicly display, perform, translate, prepare derivate works and otherwise use in any medium any submissions, comments and feedback that you forward to us.

We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We have no obligation to in any way use, post, or otherwise make such comments available. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 18 - Communications with us

Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the site or via electronic mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your identity card number) in any email that you send to us. We hereby expressly disclaim any liability for damages resulting from third party interception of your communications with us via the site or via electronic mail. If you choose to send us any information via the site or via e-mail, you do so solely at your own risk.

SECTION 19 - Notice

We may deliver notice to you by means of e-mail, a general notice on site, or by other reliable method to the address you have provided to us.

SECTION 20 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 21 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, to revoke any stated offer and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order and whether or not the order has been confirmed and your credit card charged). If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 22 - Disclaimer of Warranties

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, convenience for a particular purpose, durability, title, and non-infringement.
We do not warrant, guarantee or represent that this site or its server and so your use of our service will be uninterrupted, timely, secure, error free, free of viruses or other harmful components. We make no warranty that this site will meet your requirements or that this site or its server represents the full functionality, accuracy, reliability of the results that may be obtained from the use of the service.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. Your sole remedy for dissatisfaction with this site is to stop using the site.

SECTION 23 - Limitation of Liability

You agree that in no case shall Lepsiful, Petra Volk Božič s.p. company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, advertisers, content and service providers or licensors (collectively the “Lepsiful parties”) be liable or responsible for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenues, lost savings, loss of data, loss of use, loss of contracts, loss of business, replacement costs, any loss of goodwill or reputation, whether based on warranty, contract, tort (including negligence), strict liability, equity, restitution, by statute, at common law or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental or other damages, in such states or jurisdictions, our liability is limited to the maximum extent permitted by law.

SECTION 24 - Indemnification

You agree fully to indemnify, defend and hold harmless Lepsiful, Petra Volk Božič s.p., Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, affiliates, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, expenses, damages, costs and losses, including legal fees, made by any third-party due to or arising from any breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 25 - Intellectual Property and Content

You acknowledge that this site and various elements contained therein are protected by intellectual property rights, copyrights, trademarks, trade secrets, or other proprietary rights, in all software and content made available to you on or through this site remains the property of Lepsiful. Our site is for your personal, non-commercial use only. These worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.

In addition to the intellectual property rights mentioned above, Content is defined as any graphics (design, models,..), photographs, including all image rights, wallpapers, files, code, sounds, music, icons, video, audio, including but not limited to the words marked “Lepsiful” or text (brands names, names of lines in whole or in part are parts of content) on this site.

Except as permitted by applicable copyright laws, you are not permitted, and shall prevent any third party to modify, copy, transmit, publish, display, manipulate, distribute, transfer, utilise, perform, or otherwise reproduce in any format, any of the content or copies of the content supplied to you or which appears on this site. You may not print, license, commercially exploit, produce or create copied or derivate works based on any Content, in whole or in part, or sell any Content, software, products or services found on this site. Any reproduction or redistribution of the above listed Content or improper or unauthorized use of trademark for commercial purpose (including marketing or promoting or advertising or revenue generation activity on your own site), regardless of the channel and media, to any other server, location or support for publication is prohibited and may result in civil and criminal penalties. You are also prohibited to use our trademarks on any other site or network computer environment including the creation of links, hypertext, or deep links between sites and any other internet website without our written consent. Violators will be prosecuted to the fullest extent permissible under applicable law.

You are permitted to use the Content of this site only if authorized by Lepsiful. It is your obligation and responsibility to procure permission before use or reuse of copyrighted materials found on this site.

Except in specified areas within the site, you are authorized to view, download, electronically copy and print documents, audio and video found on this site solely for your personal, informational, and non-commercial purposes, for the sole purpose of placing an order with us or purchasing our products.

All downloaded Content and/or software from this website including but not limited to screensavers, icons, videos, wallpapers, files, images integrated in or generated by the software, and accompanying data are licensed to you by us. Therefore, it should be made clear that with this licensing permission, we do not in any circumstance transfer title of the software or the Content to you. You have ownership over the medium our Content is installed, however we retain full and complete title to the software and Content, and all intellectual property rights therein.
Nothing in these Terms and Conditions shall require a transfer of any intellectual property rights, which shall remain vested with Lepsiful, Petra Volk Božič s.p.

It is illegal to remove any proprietary right notices as copyright, trademark or other brand-named notices from any Content found or downloaded on this site.

SECTION 26 - Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, products, services and/or locations featured, used and displayed on this site are in no way connected, associated, linked or affiliated with us. Any company, product, and service marks/names and logos appearing on this site, are owned by the respective trade mark owners. Trade mark or brand name is used only to describe or identify the products and services.

SECTION 27 - Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 28 - Termination

These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
 
SECTION 29 - Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Lepsiful as a result of the Terms and Conditions or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Lepsiful, and we shall not be liable for any representation, act, or omission on your part.
 
SECTION 30 - Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

SECTION 31 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
The above Terms and Conditions (amended from time to time) constitute the entire agreement and understanding between you and us regarding your use of the site, and supersedes any other agreement or understanding, arrangements, communications, undertaking or proposal, whether oral or written, between you and us in relation to such matters. These Terms and Conditions and any policies or operating rules, code of conduct, or other matter posted by us on this site conflicts with the terms of the Terms and Conditions, the Terms and Conditions shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the Terms and Conditions.

SECTION 32 - Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable law of Republic of Slovenia, EU and the competent Slovenian courts shall have exclusive jurisdiction.

SECTION 33 - Language

If we have provided you with a translation of the English language version of this Terms and Conditions, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms and Conditions will govern your relationship with Lepsiful. If there is any contradiction between what the English language version of the Terms and Conditions says and what a translation says, then the English language version shall prevail.

SECTION 34 - Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this site.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our site. It is your responsibility to check our site periodically for changes. Using the site after alleged modifications implies that you agree to comply with modified Terms and Conditions.

SECTION 35 - Contact information

Questions about the Terms and Conditions should be sent to us at info@lepsiful.com